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    MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room WO25, West Office Building, State Capitol Complex
February 23 2005



Members Present:    Rep. DeMar "Bud" Bowman, Chair
            Rep. Michael T. Morley, Vice Chair
            Rep. Duane Bourdeaux
            Rep. LaVar F. Christensen
            Rep. Patricia W. Jones
            Rep. Todd E. Kiser            
            Rep. David Litvack
            Rep. Curtis Oda
            Rep. Paul Ray
            
Members Absent:
    Rep. Wayne A. Harper
            Rep. Stephen H. Urquhart

Guests:
        Mr. Joshua Kiser

Staff Present:    Mr. Stewart Smith, Policy Analyst
            Ms. Linda Black, Committee Secretary

note: A list of visitors and a copy of handouts are filed with the committee minutes.

Rep. Morley called the meeting to order at 8:10 a.m.

MOTION:    Rep. Bowman moved to approve the minutes of February 21, 2005. The motion passed unanimously, with Rep. Litvack and Rep. Oda absent for the vote.

H.B. 327    Department of Commerce - Demographic Data Tracking (Rep. M. Wheatley)

Rep. Wheatley introduced the bill.

Spoke to the bill:    Mr. Wally McCormick, WARN/Utah
            Ms. Kathy Berg, Division of Commerce

MOTION:    Rep. Bourdeaux moved to pass the bill out favorably. The motion passed, with Rep. Kiser voting in opposition. Rep. Morley was absent for the vote.





1st Sub. H.B. 92    Safety Belt Law Requirement Amendments (Rep. M. Noel)

MOTION:    Rep. Ray moved to delete in title and body H.B. 92, and replace it with 1st Substitute H.B. 92, and to amend it as follows:


1.    Page 4, Lines 89 through 92 :    

             89          [(2)] (3) After reinstatement of the license under Subsection (1)(a)
  or (2)(a)       , a report authorized

             90      under Section 53-3-104 may not contain evidence of the suspension of a minor's license under
             91      this section if the minor has not been convicted of any other offense for which the suspension
             92      under Subsection (1)(a)
  or (2)(a)       may be extended.



Rep. Noel presented the bill with the assistance of Ms. Kim Gibb, Department of Public Safety.

Spoke in favor of the bill:    Ms. Rolayne Fairclough, AAA/Utah

Spoke in opposition to
the bill:            Mr. Dennis Tiggard, Eagle Forum

MOTION:    Rep Oda moved to amend the bill as follows:


1.    Page 2, Lines 45 through 46 :    

             45          (1) (a) A person who violates Section 41-6a-1803 is guilty of
{   [   } an infraction      {   ]   }      {   a class C

             46      misdemeanor  
}
and shall be fined a maximum of $45.

The motion passed unanimously with Rep. Litvack absent for the vote.

MOTION:    Rep. Oda moved to pass the bill out favorably as amended. The motion failed in a         tie vote, with Rep. Bourdeaux, Rep. Kiser, Rep. Ray, and Rep. Morley voting in         opposition. Rep. Litvack was absent for the vote.



H.B. 332    Possession of a Dangerous Weapon in a Vehicle (Rep. M. Morley)

The bill was not acted upon at the request of the sponsor.


MOTION:    Rep. Ray moved to adjourn. The motion passed unanimously. Rep. Bowman         adjourned the meeting at 9:02 a.m.







                        ___________________                         Rep. DeMar "Bud" Bowman, Chair